Toll Brothers has submitted a new application for a residential development on a 152-acre parcel at Rt. 413 and Twining Bridge Road, near the cemetery and the township municipal building.
The application for a 41-unit residential development was submitted this week, according to Township Manager Micah Lewis. It has not yet been scheduled for a review during a public meeting.
The conditional use application seeks permission to construct the 41-unit residential development. Conditional use approval is required because they are proposing to using a cluster option when configuring the development, Lewis explained.
The application includes an onsite wastewater treatment facility, Lewis confirmed.
Last year, an informal proposal from Toll Brothers to construct more than 170 residential units on the property was overwhelmingly opposed by township residents in attendance at the public meeting.
[Read “Toll Brothers Twining Bridge Road Proposal”]
That plan would have required a zoning amendment. The current residential plan is for a "by-right" use, which means the current zoning allows for such a development.
[UPDATE: “Toll Bros Trash Original Plan for 41 "Luxury" Homes That Included a "Community Septic Field." Submits a New Plan with Connection to Public Sewers.”; http://sco.lt/7O5HG4]
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The term Permitted Use (aka "Use by Right") refers to a property owner’s use of property and structures in manners consistent with that which is listed as permissible in the zoning district in which his or her property is located. A ‘use by right’ is a use permitted in a zoning district and is therefore not subject to special review and approval by a local government. [source] Compare to Conditional Use.
A Conditional Use is nothing more than a Special Exception Definition that falls within the jurisdiction of the governing body rather than the Zoning Hearing Board Definition Conditional Uses are optional; that is, conditional uses may be provided for in the zoning ordinance (JMZO Definition) if desired. The governing body must adhere to the express standards and criteria set forth in the ordinance, or else the conditional use approval or denial could be overturned in court. [Source: “Special Exceptions, Conditional Uses and Variances”]